Copyright:
In order to succeed in a copyright infringement action, a plaintiff must show a substantial similarity exists between the defendant’s work and the protected elements of the plaintiff’s work.

Patents:
“A willful infringement determination requires” that “a patentee must show by clear and convincing evidence that the infringer acted despite an objectively high likelihood that its actions constituted infringement” and if that is met that the “objectively-defined risk was either known or so obvious that it should have been known to the accused infringer”

Patents:
For computer-implemented procedures, the actual computer code does not need to appear in the specification, the algorithm may be described in words sufficient to allow one of ordinary skill in the art to implement the algorithm.